Terms and conditions of sale

1. Object

The purpose of these general terms and conditions of sale is, on the one hand, to inform any potential consumer of the terms and conditions under which the seller proceeds with the sale and delivery of the products ordered, and on the other hand, to define the rights and obligations of the parties in the context of the sale of products by the seller to the consumer. They apply, without restriction or reservation, to all sales by NEERWAYA S.A.S of products offered on its Neerwaya.fr website.
Consequently, the act of ordering a product offered for sale on the Neerwaya.fr website implies full acceptance of these terms and conditions of sale, which the Buyer acknowledges having read prior to ordering. All conditions other than those set forth herein are binding upon the Seller only after written confirmation by the Seller. The general terms and conditions of sale may be modified at any time without prior notice, provided that they are posted on our sales site and take immediate effect on that date.

2. Products

The photographs, graphics and descriptions of the products offered for sale are indicative only. NEERWAYA S.A.S cannot be held responsible for any errors that may have been made.

3. Order

Automatic recording systems are considered as proof of the nature, content and date of the order. NEERWAYA S.A.S will confirm acceptance of the order to the customer at the email address provided. The sale will only be concluded once the order has been confirmed. NEERWAYA S.A.S reserves the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order. The information provided by the purchaser when placing an order is binding: in the event of an error in the recipient’s contact details, the vendor cannot be held responsible for the impossibility of delivering the product. For all orders of 250 euros or more, you will be asked to show proof of identity.

4. Prices

The price is expressed in euros.
The price indicated on the product sheets does not include transport.
The price indicated in the order confirmation is the final price, inclusive of all taxes and including VAT for France and EEC countries. This price includes the price of the products, the costs of handling, packaging and preservation of the products, transport and commissioning costs.
In the event of an order to a country other than mainland France, you are considered to be the importer of the product(s) concerned. Customs duties or other local taxes or import duties or purchase taxes may be required. These duties and sums are not the responsibility of NEERWAYA S.A.S but are payable by the purchaser. All orders regardless of origin are payable in Euros. NEERWAYA S.A.S reserves the right to modify its prices at any time. Products will be invoiced on the basis of the prices in force at the time the order is registered. Products remain the property of NEERWAYA S.A.S until full payment has been received.

5. Payments

Payment must be made at the time of the online order by the Buyer. Professionals may, by prior agreement with NEERWAYA S.A.S representatives, pay by deposit.
All orders are payable in euros
The following methods of payment are available to the Buyer: credit card or bank transfer.
The Buyer guarantees NEERWAYA S.A.S that they have the necessary authorisation to use the method of payment they have chosen when registering their order.
NEERWAYA S.A.S reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in the event of non-payment of any sum due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the NEERWAYA S.A.S website. A.S.
Penalties of an amount equal to the legal interest rate plus five points are automatically applicable to amounts unpaid at the end of a period of ten days following the invoice date or upon notification of the rejection of bank payment for any other means of payment. Delivery of any new order may be suspended in the event of late payment of a previous order, notwithstanding the provisions herein.

6. Shipping

NEERWAYA S.A.S will use its best endeavours to ensure that orders are dispatched within an average of ten (10) working days from the day following the date on which the Buyer confirms his/her order. The items ordered are dispatched to the delivery address that you indicated during the ordering process. The delivery method for Metropolitan France is Colissimo, for French overseas departments and territories Colissimo Outre Mer and for international deliveries Colissimo international. Please allow 4 to 5 days for delivery in mainland France and between 7 and 15 days for overseas departments and territories and international delivery, depending on the destination. If you are not at home or if your letterbox is not suitable, you will receive a delivery notice and your parcel will be waiting for you at your post office. In the event of an unusual delay, due to a stock shortage for example, an e-mail will be sent to you.
In any event, Products will be sent by the usual postal services. NEERWAYA S.A.S therefore declines all responsibility in the event of excessively long delivery times due to the postal services or means of transport, as well as in the event of loss of the Products ordered or strike action. The risks of transport are borne by the Buyer, who must lodge a reasoned protest with the postal services or the carrier within three working days of delivery. Furthermore, it is specified that ownership of the Products ordered will only be transferred to the Buyer on full payment of the invoiced price, including delivery costs.

Delivery problems caused by the transporter.

Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of ‘handwritten reservations’, accompanied by the customer’s signature. At the same time, the customer must confirm this anomaly by sending a registered letter with acknowledgement of receipt to the carrier within two (2) working days of the delivery date, setting out the aforementioned complaints. The customer must send a copy of this letter by post to :

NEERWAYA S.A.S
4 chemin de la chèvre
85230 BEAUVOIR-SUR-MER

NEERWAYA S.A.S does not accept customers at the above address.

7. Right of withdrawal

Products must be returned to NEERWAYA S.A.S in perfect condition for resale, in their original state (packaging, accessories, instructions, etc.), duly sealed, and accompanied by a signed returns form in accordance with the procedure described in article 7.5 above.
If the above procedures are followed, the refund will be made within 15 days of receipt of the parcel.

8. Product returns and refunds

Products may be returned by the Buyer under the conditions and according to the instructions below:
Products must be returned to NEERWAYA in perfect condition for resale, in their original state (packaging, accessories, instructions, etc.), duly sealed and accompanied by a signed returns form.
NEERWAYA S.A.S accepts the return of any item purchased on the website if it is returned within 14 days of the date of receipt of the order by the Buyer.
In principle, the cost of postage for the return parcel remains the responsibility of the Buyer. In the event of a technical anomaly or an error in the references delivered, NEERWAYA S.A.S. will reimburse the cost of the return.

To return an item, the Buyer must follow the instructions below:

Use the original packaging to return the product.
Complete and attach the Returns Form to be detached from the Delivery Note. Returns without a Return Note will not be accepted.
Send the parcel to the following address
NEERWAYA S.A.S
4 chemin de la chèvre
85230 BEAUVOIR-SUR-MER

All risks relating to the return of the product shall be borne by the Buyer.
If the above procedure is not followed and the time limits indicated are not respected, the Buyer will not be able to make any claim for non-conformity or apparent defect of the products delivered, the products then being deemed to be in conformity and free of any apparent defect.

Upon receipt of the products, reimbursement will be made within 10 working days using the original means of payment.

9. Reservation of ownership

NEERWAYA S.A.S retains full ownership of the products sold until full payment has been received, in principal, costs and taxes included.

10. Disclaimer

NEERWAYA S.A.S cannot be held responsible for the non-execution of the contract in the event of the product being out of stock or unavailable due to a case of force majeure, disruption or total or partial strike in particular of the postal services and means of transport and/or communications.
NEERWAYA S.A.S cannot be held responsible for any indirect damage that may arise from the purchase of products.
NEERWAYA S.A.S cannot be held responsible for any loss of data or files. It is the responsibility of the Buyer to make all necessary back-ups.

NEERWAYA S.A.S declines all responsibility :

any interruption to the site
any occurrence of bugs
any inaccuracies or omissions in the information available on this site
for any damage resulting from fraudulent intrusion by a third party leading to modification of the information made available on the site
and more generally for any direct or indirect damage, whatever the cause, origin, nature or consequences, including in particular the costs that may arise from the acquisition of goods offered on the site, loss of profits, customers, data or any other loss of intangible assets that may arise as a result of access by any person to the site or the impossibility of accessing it or credit given to any information coming directly or indirectly from the latter.

11. Intellectual property

In accordance with the laws governing the ownership of literary and artistic rights or other similar rights, this Site and all the elements, trademarks, designs, models, logos, graphics, etc. found on this Site as well as their compilation are the exclusive property of NEERWAYA S.A.S, the latter not granting any licence or any right other than that of consulting the Site.
The reproduction or use of all or part of these elements is authorised solely for the purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited. Any other use constitutes an infringement and is punishable under Intellectual Property law, unless prior written authorisation has been obtained from NEERWAYA S.A.S.

12. Export

Subject to the rules applicable within the EEC and unless otherwise agreed by our company, the resale of NEERWAYA products and acceptance of the general terms and conditions of sale implies a commitment by the purchaser to sell the products only in the country to which they have been dispatched by our company.

13. Applicable law and jurisdiction

Sales of NEERWAYA S.A.S products are subject to French law. Any dispute relating to the interpretation, performance or breach of contract between NEERWAYA S.A.S and the Buyer, even in the event of multiple defendants, will, in the absence of amicable agreement, fall within the exclusive jurisdiction of the French courts.

14. Information Technology and Civil Liberties

The information collected by NEERWAYA S.A.S. when the Buyer places an order is required for the management of the order by NEERWAYA S.A.S. and its commercial partners. In accordance with the French law ‘Informatique et Libertés’ n° 78-17 of 6th January 1978, the Buyer has the right to access, rectify, oppose and delete data concerning him/her by contacting NEERWAYA S.A.S. at the following address: Customer Service:

NEERWAYA S.A.S
107 RTE DE LA ROCHE
85230 BEAUVOIR-SUR-MER

Email : anaistue85@gmail.com
Phone : 07.81.85.65.87
Website: www.neerwaya.fr